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Action

Notice Of Preliminary Determination.

Summary

The U.S. Department of Energy (DOE) has preliminarily determined that the 2013 edition of the ANSI/ASHRAE/IES1
Standard 90.1:Energy Standard for Buildings, Except Low-Rise Residential Buildings would improve energy efficiency in buildings subject to the code compared to the 2010 edition of Standard 90.1. DOE has preliminarily determined that buildings built to Standard 90.1-2013, as compared with buildings built to Standard 90.1-2010, would result in national source energy savings of approximately 8.5 percent and site energy savings of approximately 7.6 percent of commercial building energy consumption. If this determination is finalized, States would be required to certify that they have reviewed the provisions of their commercial building code regarding energy efficiency, and, as necessary, updated their codes to meet or exceed Standard 90.1-2013. Additionally, this notice provides guidance to States on certifications and requests for extensions of deadlines for certification statements.

3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.

4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.

For detailed instructions on submitting comments and additional information on the rulemaking process, see section VIII of this document (Public Participation).

Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at Regulations.gov. All documents in the docket are listed in the Regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available.

A link to the docket Web page can be found at: http://www.energycodes.gov/regulations/determinations. This Web page will contain a link to the docket for this notice on the Regulations.gov site. The regulations.gov Web page will contain simple instructions on how to access all documents, including public comments, in the docket. See section VIII for further information on how to submit comments through Regulations.gov.

For further information on how to submit a comment, review other public comments and the docket, or participate in the public meeting, contact Ms. Brenda Edwards at (202) 586-2945 or by email: Brenda.Edwards@ee.doe.gov.

Title III of the Energy Conservation and Production Act, as amended (ECPA), establishes requirements for building energy conservation standards, administered by the DOE Building Energy Codes Program. (42 U.S.C. 6831et seq.) Section 304(b), as amended, of ECPA provides that whenever the ANSI/ASHRAE/IESNA Standard 90.1-1989 (Standard 90.1-1989 or 1989 edition), or any successor to that code, is revised, the Secretary of Energy (Secretary) must make a determination, not later than 12 months after such revision, whether the revised code would improve energy efficiency in commercial buildings, and must publish notice of such determination in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) The Secretary may determine that the revision of Standard 90.1-1989, or any successor thereof, improves the level of energy efficiency in commercial buildings. If so, then not later than 2 years after the date of the publication of such affirmative determination, each State is required to certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised or successor code. (42 U.S.C. 6833(b)(2)(B)(i)) Each State must include in its certification a demonstration that the provisions of its commercial building code, regarding energy efficiency, meet or exceed the revised Standard. (42 U.S.C. 6833(b)(2)(B)(i))

If the Secretary makes a determination that the revised Standard will not improve energy efficiency in commercial buildings, State commercial codes shall meet or exceed the last revised Standard for which the Secretary has made an affirmative determination. (42 U.S.C. 6833(b)(2)(B)(ii)) On October 19, 2011, DOE published a final determination in the Federal Register updating the reference code to Standard 90.1-2010. (76 FR 64904)

ECPA requires the Secretary to permit extensions of the deadlines for the State certification if a State can demonstrate that it has made a good faith effort to comply with the requirements of Section 304(c) of ECPA and that it has made significant progress in doing so. (42 U.S.C. 6833(c)) DOE is also directed to provide technical assistance to States to support implementation of State residential and commercial building energy efficiency codes. (42 U.S.C. 6833(d))

ASHRAE and IES approved the publication of the 2013 edition of Energy Standard for Buildings Except Low-Rise Residential Buildings in October 2013. The Standard is developed under ANSI-approved consensus procedures,2
and is under continuous maintenance by a Standing Standard Project Committee. ASHRAE has established a program for regular publication of addenda, or revisions, including procedures for timely, documented, consensus action on requested changes to the Standard. ANSI approved the final addendum for inclusion in the 2013 edition inSeptember 2013. Standard 90.1-2013 was published in October 2013.
[3]
More information on ANSI/ASHRAE/IES Standard 90.1-2013 is available at: https://www.ashrae.org/resources-publications/bookstore/standard-90-1.

In arriving at a preliminary determination, DOE reviewed all changes between the 2013 and 2010 editions of Standard 90.1. Standard 90.1 is complex and covers a broad spectrum of the energy-related components and systems in buildings, ranging from simpler commercial buildings to more complex hospitals and laboratory facilities. Standard 90.1-2013 was developed through the same approach as the previous 2010 edition, which involves committee approval through a consensus process consistent with ANSI procedures for developing industry standards. The 2013 edition contains no significant changes to the overall scope or the structure of the Standard. As a result, DOE preliminarily determined that the methodology used for the analysis of Standard 90.1-2010 should again be utilized for the analysis of Standard 90.1-2013.

Overview of Methodology

The analysis methodology used by DOE contains both qualitative and quantitative components. A qualitative comparison is undertaken to identify textual changes between requirements in Standard 90.1-2013 and Standard 90.1-2010, followed by a quantitative assessment of energy savings conducted through whole-building simulations of buildings constructed to meet the minimum requirements of each Standard over the range of U.S. climates. A discussion of the analysis methodology, which was developed through public comment in past DOE determinations, can be found in the Notice of Preliminary Determination for Standard 90.1-2007 (75 FR 54117) and Notice of Preliminary Determination for Standard 90.1-2010 (76 FR 43298).

Consistent with its previous determinations, DOE compared overall editions of Standard 90.1. DOE interprets the language in Section 304(b)(2) of ECPA to mean that when a comprehensive revision of the ASHRAE Standard is published (which in this case is ASHRAE Standard 90.1-2013), then that revised or successor Standard triggers the Secretary's obligation to issue a determination as to whether the revised Standard improves energy efficiency in commercial buildings. (See42 U.S.C. 6833(b)(2)(A)) This determination is made by comparing the revised or successor Standard to the last predecessor Standard. While the continuous addenda review and update process is part of the ongoing maintenance of the Standard, DOE does not interpret each addendum update after the release of the full standard as an additional “revised or successor standard” requiring a determination by the Secretary.

Consideration for Technological and Economic Factors

Section 304(b) of ECPA states that the Secretary is required to make a determination as to whether any successor standard to ASHRAE Standard 90.1-1989 will improve energy efficiency. (42 U.S.C. 6833(b)(2)(A)) Section 304 of ECPA does not include any reference to economic justification.

Separate from the Secretary's determination under section 304(b), section 307 of ECPA requires DOE to periodically review the economic basis of the voluntary building energy codes and participate in the industry process for review and modification, including seeking adoption of all technologically feasible and economically justified energy efficiency measures. (42 U.S.C. 6836(b)) DOE fulfills this obligation in two ways. First, the ASHRAE process, in which DOE participates, provides consideration for the feasibility and economics of proposed addenda, with a defined methodology applied to test the cost-effectiveness of individual addenda. Next, DOE performs independent analysis of Standard 90.1 as part of its direction to assist States implementing building energy codes. (ASHRAE consideration for cost-effectiveness and technical assistance provided by DOE is further explained below.)

The development of ASHRAE standards is based upon the ANSI consensus process, which ensures participation by any interested party, with representatives classified as producer (e.g., industry), user (e.g., owners and designers), and general (e.g., government representatives or other general interests) segments of the building industry coming together to develop a consensus-based standard. DOE is an active participant in this process, and provided technical support to the development of the Standard through Pacific Northwest National Laboratory (PNNL). This approach allows DOE to meet its statutory obligation to participate in the industry process to review and modify Standard 90.1, and to seek adoption of all technologically feasible and economically justified energy efficiency measures. (42 U.S.C. 6836(b))

The ASHRAE development process requires extensive committee deliberation and public review of each change to Standard 90.1, including consideration for the cost-effectiveness of proposed changes. One of the objectives considered by the committee developing Standard 90.1 is for the requirements of the Standard to be cost-effective for use in the public and private sectors. In recent years, one of the primary support functions provided by PNNL is assistance in the development of cost-effectiveness analyses that are considered by the development committee. Some proposed changes to the Standard do not require a cost-effectiveness evaluation, such as the following:

Changes that do not add cost to the building or where the added cost would be negligible;

Changes intending to clarify existing requirements of the Standard or to improve compliance with existing requirements of the Standard;

Changes to external references that are included in the Standard; or

Changes that reflect Federal requirements, such as appliance and commercial equipment standards.

When evaluating proposed changes to the Standard where an additional cost to the building is anticipated, Standard 90.1 uses a defined methodology known as the Scalar Method
[4]
to ensure that Standard 90.1 is cost effective. This method is based on ASTM Standard E917—Standard Practice for Measuring Life-Cycle Costs of Buildings and Building Systems. Standard 90.1 has simplified the life-cycle cost (LCC) model in ASTM Standard E917 by condensing the economic variables into a single variable called the Scalar Ratio, which is simply a ratio of economic present worth factors. A maximum scalar ratio of 21.9, corresponding to a measure life of 40 years was used in the development of Standard 90.1-2013. This ratio is mathematically equivalent to a LCC analysis using the following parameters:

The above economic parameters are vetted and updated by ASHRAE at the beginning of each three-year Standard 90.1 development cycle. If the scalar ratio for a particular measure is less than the scalar ratio limit established by the measure life and the parameters presented above, then the measure is considered cost-effective. The scalar ratio for a proposal is determined by the following equation:

It should be noted that Standard 90.1 evaluates the cost-effectiveness of individual addenda, as applicable, but does not evaluate the cost-effectiveness of the Standard as a whole. However, this information is often desired by States to inform processes to update State energy codes. To address this need, and as part of DOE's direction to provide technical assistance to support the implementation of State energy efficiency codes (42 U.S.C. 6833(d)), DOE has worked with States to help them understand the energy and economic impacts associated with updated model energy codes. This approach allows DOE and the States to identify and collect necessary data, as available, and work with individual States to understand localized costs, construction practices, and unique State scenarios. DOE provided such State-level cost-effectiveness analysis for States considering adoption of recent editions of Standard 90.1,
[5]
and plans to provide similar analysis for the 2013 edition by December 31, 2014.

In preparation for future technical assistance activities, DOE is interested in receiving stakeholder feedback on the Department's practice of providing cost-effectiveness analysis to support State energy code adoption. DOE has issued past requests for information to guide the Department in establishing an appropriate methodology for evaluating the cost effectiveness of building energy codes (78 FR 47677), and expects to update this method to ensure its assumptions and economic criteria remain valid and adequate for States considering adoption of model building energy codes. DOE is specifically requesting public comments and additional information regarding the costs and benefits of the use of Standard 90.1-2013, as a whole, and appropriate methodologies for assessing costs, benefits, and cost-effectiveness in the Public Participation section of this notice.

In performing its preliminary determination, DOE performed both a qualitative and quantitative analysis of the requirements contained in the updated edition of Standard 90.1. The chosen methodology for these analyses is consistent with recent determinations actions, and provides a reasonable assessment of how the Standard will impact energy savings in commercial buildings. A summary of the analyses supporting DOE's preliminary determination is outlined in the following sections.

Qualitative Analysis

DOE performed a comparative analysis of the textual requirements of Standard 90.1-2013, examining the specific changes (addenda) made between Standard 90.1-2010 and Standard 90.1-2013. ASHRAE publishes changes to its standards as individual addenda to the preceding Standard, and then bundles all addenda together to form the next published edition. In creating the 2013 edition, ASHRAE processed 110 total addenda. DOE evaluated each of these addenda in preparing this preliminary determination.

Overall, DOE found that the vast majority of changes in creating Standard 90.1-2013 were positive (i.e., increased energy savings) or neutral (i.e., no direct impact on energy savings). Positive changes significantly outweigh any changes with a negative effect on energy efficiency in commercial buildings. Of the 110 total changes:

52 were considered positive;

53 were considered neutral; and

5 were considered negative.

Table IV.1 presents the findings resulting from the qualitative analysis, along with a description of the change, as well as an assessment of the anticipated impact on energy savings in commercial buildings. The full qualitative analysis is presented in a separate technical support document (TSD),
[6]
available at http://www.energycodes.gov/regulations/determinations.

Key: The following terms are used to characterize the effect of individual addenda on energy efficiency (as contained in the above table): Major+ indicates that an addendum is anticipated to significantly improve energy efficiency; Minor+ indicates that an addendum may improve energy efficiency in specific applications, Neutral indicates that an addenda is not anticipated to impact energy efficiency; and Minor− indicates that an addendum may increase energy use in certain applications.

1

90.1-2010a

10. Other Equipment and 12. Normative References

Specifies that nominal efficiencies for motors are required to be established in accordance with DOE 10 CFR 431 instead of National Electrical Manufacturers Association (NEMA) Standards. Modifies the footnotes to Tables 10.8A, 10.8B, 10.8C (now Tables 10.8-1, 10.8-2, and 10.8-3 in Standard 90.1-2013). The corresponding reference for 10 CFR 431 has also been added

Neutral (simply specifies alternate rating standard).

2

90.1-2010b

10. Other Equipment and 12. Normative References

Requires escalators and moving walks to automatically slow when not conveying passengers. The corresponding reference to American Society of Mechanical Engineers (ASME) A17.1/CSA B44 has also been added to the Normative References

Adds efficiency requirements for commercial refrigerators, freezers, and refrigeration equipment. Table 6.8.1L and Table 6.8.1M (now Tables 6.8.1-12 and 6.8.1-13 in Standard 90.1-2013) have been added, which specify the energy use limits for refrigerators and freezers. The corresponding references have also been added in Chapter 12

Increases the minimum efficiency standards for single-package vertical air conditioners (SPVAC) and single-package vertical heat pumps (SPVHP). Also creates a new product class for SPVAC and SPVHP used in space-constrained applications. This new product class only applies to non-weatherized products with cooling capacities <36,000 British thermal units per hour (Btu/h) and intended to replace an existing air-conditioning (AC) unit

Minor + (increases stringency of existing requirements).

9

90.1-2010j

6. Heating, Ventilating, and Air-Conditioning

Modifies the minimum efficiency requirements of evaporatively cooled units, of size category 240,000 Btu/h to 760,000 Btu/h and heating type-other, in Table 6.8.1A (now Table 6.8.1-1 in Standard 90.1-2013). The value is reduced to account for increased pressure drop in such system types. The product class, small duct high velocity air conditioner, has been eliminated

Minor—(due to correction of an error in the previous Standard).

10

90.1-2010k

8. Power and 12. Normative References

Modifies notes to Table 8.1 and specifies that nominal efficiencies would be established in accordance with the 10 CFR 431 test procedure for low-voltage dry-type transformers. The corresponding references have also been added in Chapter 12

Neutral (simply specifies alternative rating standard).

11

90.1-2010l

6. Heating, Ventilating, and Air-Conditioning

Clarifies fan power limitations contained in Standard 90.1-2010 that required the user to perform calculations for fan brake horsepower (bhp) even if the simplified nameplate horsepower (hp) option was being used

Neutral (editorial correction).

12

90.1-2010m

9. Lighting

Adds some control requirements for lighting alterations, for interior and exterior applications. Adds a section for submittals and includes loading docks as a tradable surface. Modifies the provisions for additional interior lighting power, which would now be calculated on the basis of controlled wattage

Major + (adds control requirements for lighting alterations).

13

90.1-2010n

10. Other Equipment

Clarifies that the total lumens per watt for the entire elevator cab is required to meet the efficiency requirement and that each individual light source is not required to meet the lumens per watt value

Neutral (clarification only).

14

90.1-2010o

5. Building Envelope and 3. Definitions

Adds the definition for sectional garage doors. Also modifies Section 5.4.3.2 (d), “fenestration air leakage provisions for doors,” to include requirements for glazed sectional garage doors

Minor + (reduces air leakage in glazed sectional garage doors).

15

90.1-2010p

5. Building Envelope and 12. Normative References

Modifies Section 5.5.3.1 and requires roof solar reflectance and thermal emittance testing to be in accordance with Cool Roof Rating Council (CRRC)-1 Standard. Also modifies Section 12 by adding the reference for CRRC

Neutral (simply specifies an alternative rating standard).

16

90.1-2010q

5. Building Envelope, 3. Definitions, and 12. Normative References

Modifies Section 3 by changing the definition of dynamic glazing to include glazing systems or infill as well as shading systems between glazing layers and chromogenic glazing. Also modifies Section 5.8.2.2 by clarifying the requirements for labeling of fenestration and door products. The corresponding references to National Fenestration Rating Council (NFRC) in Chapter 12 have also been updated

Neutral (clarification only).

17

90.1-2010r

Appendix G and 12. Normative References

Clarifies the requirements related to temperature and humidity control in Appendix G and relocates all related wording to the “Schedules” section of Table 3.1. Additionally, clarity is provided for modeling systems that provide occupant thermal comfort via means other than directly controlling the air dry-bulb and wet-bulb temperature (i.e., radiant cooling/heating, elevated air speed, etc.). Permits the use of ASHRAE Standard 55 for calculation of Predicted Mean Vote-Predicted Percentage Dissatisfied (PMV-PPD). Also updates the Normative References by including a reference to ASHRAE Standard 55-2010

Neutral (whole building performance tradeoff method only).

18

90.1-2010s

6. Heating, Ventilating, and Air-Conditioning

Modifies the requirement for the static pressure sensor location and the control requirements for setpoint reset for systems with direct digital control (DDC) of individual zones. Ensures that savings from previously required static pressure reset will be realized

Adds new definition as Fan Efficiency Grade (FEG) and requires each fan have a FEG of 67 or higher as defined by Air Movement and Control Association (AMCA) 205-10, “Energy Efficiency Classification for Fans.”

Major + (applies new requirements to individual fans).

20

90.1-2010v

8. Power

Clarifies the requirement for controlled receptacles in open offices applications by changing the requirement to the workstations themselves. Also requires the automatically controlled receptacles to be appropriately identified for the user's benefit

Neutral (clarification only).

21

90.1-2010w

3. Definitions, 11. Energy Cost Budget Method, and Appendix G

Adds definitions for on-site renewable energy and purchased energy. Clarifies the process for accounting for on-site renewable energy and purchased energy as well as calculating the annual energy costs in the ECB approach and Appendix G

Neutral (whole building performance tradeoff method only).

22

90.1-2010y

3. Definitions and 10. Other Equipment

Revises the definitions of general purpose electric motors (subtype I & II) based on information from NEMA. Also updates the Standard to include the new Federal energy efficiency standards used in HVAC equipment, to be in effect from 2015. Adds Table 10.8D (now Table 10.8-4 in Standard 90.1-2013), which specifies minimum average full-load efficiency for Polyphase Small Electric Motors; and Table 10.8E (now Table 10.8-5 in Standard 90.1-2013), which specifies minimum average full-load efficiency for Capacitor-Start Capacitor-Run and Capacitor-Start Induction-Run Small Electric Motors

Neutral (adopts Federal standards).

23

90.1-2010z

6. Heating, Ventilating, and Air-Conditioning

Relocates the requirements for water economizers into the main economizer section, Section 6.5.1.5

Neutral (editorial only).

24

90.1-2010aa

6. Heating, Ventilating, and Air-Conditioning and 3. Definitions

Eliminates the contingency on DDC system existence for setpoint overlap restrictions, humidification and dehumidification controls, variable air volume (VAV) fan control setpoint reset, multiple-zone VAV system ventilation optimization control, hydronic system differential pressure reset by valve position. Instead specifies for what system types or sizes DDC is required in new buildings and alterations. Also specifies minimal functional requirements for DDC systems. (Prior to this addendum certain controls requirements were only required when the controls were provided by a DDC system.)

Adds reference to specific addenda to AHRI standards 210/240 and 550/590 being referenced

Neutral (updates references only).

27

90.1-2010af

6. Heating, Ventilating, and Air-Conditioning

Modifies heat rejection equipment (cooling tower) requirements to require that variable speed drive controlled fans operate all fans at the same speed instead of sequencing them, and require that open-circuit towers with multiple cells operate all cells in parallel down to 50% of design flow

Minor + (reduces cooling tower energy usage).

28

90.1-2010ag

Appendix G and 12. Normative References

Establishes a method for gaining credit in Appendix G for buildings that undergo whole building air leakage testing to demonstrate that they have an airtight building

Neutral (whole building performance tradeoff method only).

29

90.1-2010ah

Appendix G

Sets system sizing requirements in Appendix G for humid climates based on humidity ratio instead of supply air temperature differential. Sets baseline system dehumidification requirements

Neutral (whole building performance tradeoff method only).

30

90.1-2010ai

Appendix G

Modifies Appendix G to account for three prescriptive addenda that were incorporated into Standard 90.1-2010, but did not make it into Appendix G in time for publication. Updates economizer requirements to match addendum cy, establishes baseline transformer efficiency requirements to match addendum o, and establishes path A for centrifugal chiller baselines from addendum m

Neutral (whole building performance tradeoff method only).

31

90.1-2010aj

6. Heating, Ventilating, and Air-Conditioning

Requires fractional horsepower motors ≥1/12hp to be electronically commutated motors or have a minimum 70% efficiency in accordance with DOE 10 CFR 431. Also requires adjustable speed or other method to balance airflow

Minor + (reduces fractional horsepower motor energy usage).

32

90.1-2010al

Appendix G

Establishes a consistent fuel source for space heating for baseline systems based on climate zone. Establishes a consistent fuel source for service water heating (SWH) based on building type

Neutral (whole building performance tradeoff method only).

33

90.1-2010am

6. Heating, Ventilating, and Air-Conditioning

Establishes minimum turndown for boilers and boiler plants with design input power of at least 1,000,000 Btu/h

Major + (reduces energy usage for large boilers).

34

90.1-2010an

Appendix C

Rewrites entire Appendix C to use a simulation based approach for envelope tradeoffs

Neutral (alternative compliance method only).

35

90.1-2010ap

6. Heating, Ventilating, and Air-Conditioning and 3. Definitions

Adds power usage effectiveness (PUE) as an alternative compliance methodology for data centers

Expands the requirements for fan speed control for both chilled water and unitary direct expansion systems. In addition enhances the requirements for integrated economizer control and defines direct expansion unit capacity staging requirements

Requires humidifiers mounted in the airstream to have an automatic control valve shutting off preheat when humidification is not required, and insulation on the humidification system dispersion tube surface. (Avoidance of simultaneous heating and cooling at air-handling unit.)

Minor + (reduces humidification energy usage).

39

90.1-2010at

3. Definitions, 5. Building Envelope, and 9. Lighting

Deletes the term “clerestory” and instead adds “roof monitor” and clarifies the definition. Changes the references in Chapters 5 and 9 from clerestory to roof monitor

Neutral (clarification only).

40

90.1-2010au

6. Heating, Ventilating, and Air-Conditioning

Modifies Table 6.5.3.1.1B, which addresses fan power limitation pressure drop adjustment credits. Deductions from allowed fan power are added for systems without any central heating or cooling as well as systems with electric resistance heating. Sound attenuation credit is modified to be available only when there are background noise criteria requirements

Updates the reference year for ASHRAE Standard 140 and exempts software used for ECB and Appendix G compliance from having to meet certain sections of ASHRAE Standard 140

Neutral (whole building performance tradeoff method only).

43

90.1-2010ax

Appendix G

Modifies Table G3.1, Part 14 of Appendix G to exclude the condition that permits a building surface, shaded by an adjacent structure, to be simulated as north facing if the simulation program is incapable of simulating shading by adjacent structures

Neutral (whole building performance tradeoff method only).

44

90.1-2010ay

3. Definitions and 9. Lighting

Modifies daylighting requirements. Modifies definitions for daylight area under skylights, daylight area under roof monitors, primary sidelight area, and secondary sidelight area. Changes the criterion for applying automatic daylighting control for sidelighting and toplighting to a controlled lighting power basis and provides characteristics for the required photo controls. Adds control requirements for secondary sidelighted areas. Modifies Table 9.6.2 to include continuous dimming in secondary sidelighted areas, which is now based on an installed wattage rather than area of the space. Eliminates the need for effective aperture calculation

Minor + (requires additional controls).

45

90.1-2010az

6. Heating, Ventilating, and Air-Conditioning

Increases the minimum efficiency of open circuit axial fan cooling towers. An additional requirement has been added for all types of cooling towers which states that the minimum efficiency requirements applies to the tower including the capacity effect of accessories which affect thermal performance. An additional footnote clarifies that the certification requirements do not apply to field erected cooling towers

Minor + (increase efficiency of cooling towers).

46

90.1-2010ba

6. Heating, Ventilating, and Air-Conditioning

Adds requirements for door switches to disable or reset mechanical heating or cooling when doors without automatic door closers are left open

Modifies the building envelope requirements for opaque assemblies and fenestration in tables 5.5.1 through 5.5.8. Adds and modifies text in Section 5. Adds new visible transmittance (VT) requirement through Section 5.5.4.5. Also updates the NFRC 301 reference, references in Section 11, and modifies two metal building roof assemblies in Table A2.3

Major + (increases stringency of building envelope requirements).

48

90.1-2010bc

9. Lighting

Modifies requirements for automatic lighting control for guestroom type spaces. Exceptions to this requirement are lighting and switched receptacles controlled by captive key systems

Minor + (requires automatic control of lighting and switched receptacles in hotel rooms).

49

90.1-2010bd

9. Lighting

Adds more specific requirements for the functional testing of lighting controls, specifically, occupancy sensors, automatic time switches, and daylight controls

Minor + (improves functional testing of lighting controls).

50

90.1-2010be

9. Lighting

Makes minor revisions to Section 9.7.2.2, which addresses the scope of the operating and maintenance manuals required for lighting equipment and controls

Neutral (clarification only).

51

90.1-2010bf

8. Power

Addresses Section 8.4.2 on automatic receptacle control and increases the spaces where plug shutoff control is required. Clarifies the application of this requirement for furniture systems, lowers the threshold for turn off from 30 to 20 minutes, states a labeling requirement to distinguish controlled and uncontrolled receptacles and restricts the use of plug-in devices to comply with this requirement

Re-establishes the product class for small duct high velocity air conditioners and heat pumps. Adds efficiency requirements for systems at <65.000 Btu/h below level of current Federal standards

Neutral (re-establishes efficiency requirements that do not meet the level of Federal standards).

56

90.1-2010bk

6. Heating, Ventilating, and Air-Conditioning

Increases cooling efficiency for packaged terminal air conditioners

Minor + (increases stringency of existing requirements).

57

90.1-2010bl

11. Energy Cost Budget and Appendix G

Provides rules for removing fan energy from efficiency metrics when modeling in ECB or Appendix G

Neutral (whole building performance tradeoff method only).

58

90.1-2010bn

8. Power and 10. Other Equipment

Establishes electric and fuel metering requirements

Neutral (metering by itself does not save energy).

59

90.1-2010bo

7. Service Water Heating

Requires buildings with SWH capacity ≥1million Btu/h to have average thermal efficiency of at least 90%. Updates Table 7.8 to reflect Federal requirements for electric water heaters. Updates the reference standard for swimming pool water heaters to ASHRAE Standard 146

Minor + (requires large new gas SWH systems to have higher average efficiency).

Significantly modifies the way requirements are presented in Section 9. Requires the use of certain lighting controls in more space types. Reduces the amount of time after occupants vacate a space for lights to be automatically reduced or shut off. Establishes table of lighting controls applicable to each space type

Major + (requires more controls in more spaces and reduces time to reduction or shutoff).

69

2007 90.1bz

8. Power

Adds a Section 8.4.2, which specifies requirements for installation of basic electrical metering of major end uses (total electrical energy, HVAC systems, interior lighting, exterior lighting and receptacle circuits) to provide basic reporting of energy consumption data to building occupant

Neutral (metering by itself does not save energy).

70

90.1-2010ca

6. Heating, Ventilating, and Air-Conditioning

Adds control requirements for heating systems in vestibules

Minor + (reduces vestibule heating energy usage).

71

90.1-2010cb

6. Heating, Ventilating, and Air-Conditioning

Revises night setback requirements to a reset of 10 °F heating and 5 °F cooling and removes exceptions for climate zones. Changes optimum start requirement from >10,000 cubic feet per minute to any DDC system and adds a requirement that outside air temperature be used in optimum algorithms

6. Heating, Ventilating, and Air-Conditioning, 7. Service Water Heating, and 3. Definitions

Provides definition for “piping” to include all accessories in series with pipe such as pumps, valves, strainers, air separators, etc. This is meant to clarify that these accessories need to be insulated

Neutral (editorial only).

74

90.1-2010ce

Appendix G

Establishes a baseline system type for retail occupancies less than three stories in Appendix G

Modifies the simulation requirements for modeling mandatory automatic daylighting controls as well as automatic lighting controls. Also modifies the simulation requirements for automatic lighting controls in the proposed design, beyond the minimum mandatory requirements. Table G3.2, which provided power adjustment percentages for automatic lighting controls, has been deleted and savings through automatic control devices are now required to be modeled in building simulation through schedule adjustments for the proposed design or by lighting power adjustments defined in Table 9.6.3

Modifies requirements for the cooling tower fans in Chapter 11 baseline simulations, from two-speed to variable speed. A formula has been specified to calculate the condenser water design supply temperature. Similar revisions have been made to Appendix G for the cooling tower requirements. Definitions for cooling design wet-bulb temperature and evaporation design wet-bulb temperature have been added to Chapter 3

Neutral (whole building performance tradeoff method only).

79

90.1-2010cj

Appendix G

Creates modeling rules for computer rooms in Appendix G

Neutral (whole building performance tradeoff method only).

80

90.1-2010ck

6. Heating, Ventilating, and Air-Conditioning

Requires VAV dual maximum damper position when DDC system is present and clarifies dual maximum sequence

Minor + (requires dual maximum control for VAV zones with DDC.

81

90.1-2010cl

6. Heating, Ventilating, and Air-Conditioning

Increases integrated energy efficiency ratio requirements for air-cooled air conditioners and heat pumps and EER requirements for water and evaporatively cooled air conditioners and heat pumps in Tables 6.8.1A and B (now Tables 6.8.1-1 and 6.8.1-2 in Standard 90.1-2013)

Minor + (increases stringency of existing requirements).

82

90.1-2010cm

5. Building Envelope

Clarifies how to interpret the use of dynamic glazing products given the requirements in Addendum bb (envelope requirements)

Neutral (clarification only).

83

90.1-2010cn

Appendix G

Establishes modeling rules for laboratories with 100% outside air in Appendix G

Establishes limits on using electric or fossil fuel to humidify or dehumidify between 30% and 60% relative humidity except certain applications. Requires deadband on humidity controls

Minor + (reduces humidification energy usage).

98

90.1-2010dj

9. Lighting

Additional lighting power allowance for electrical/mechanical rooms made available to match 2010 level provided there is separate control for the additional lighting

Neutral (tradeoff of additional lighting power for additional control).

99

90.1-2010dk

9. Lighting

Eliminates the exemption for wattage used in spaces where lighting is specifically designed for those with age-related eye conditions or other medical conditions related to the eye, where special lighting or light levels might be needed

Minor + (trades blanket exemption for more targeted LPD increases).

100

90.1-2010dl

9. Lighting

Modifies hotel and motel guest room LPD

Minor + (new average LPD less than previous requirements).

101

90.1-2010dm

5. Building Envelope

Modifies Section 5.4.3.4 for vestibules. Adds a size limit for large buildings, exemptions for semi-heated spaces and elevator lobbies in parking garages

Minor + (reduces vestibule energy usage).

102

90.1-2010dn

6. Heating, Ventilating, and Air-Conditioning

Reduces the limits on hot gas bypass as a means of cooling capacity control

Clarifies definition of building entrances to exclude electrical room, mechanical rooms, and other utility service entrances

Neutral (clarification only).

107

90.1-2010ds

5. Building Envelope and 3. Definitions

Corrects the definitions of “primary sidelighted area,” “secondary sidelighted area,” and “sidelighting effective area” to use the term “vertical fenestration” instead of “window” to clarify that glazed doors and other fenestration products are included as well as windows. Additionally, the definition of “daylight area under rooftop monitors” is corrected to include the spread of light beyond the width of the rooftop monitor glazing

Neutral (editorial only).

108

90.1-2010dt

9. Lighting

Adds exceptions for control of exterior lighting integral to signage. Requires certain types of exterior lighting exempt from LPD requirements to be separately controlled

Minor + (expansion of requirement to all signage may outweigh addition of exception).

109

90.1-2010dv

6. Heating, Ventilating, and Air-Conditioning

Establishes chiller and boiler fluid flow isolation requirements so there is no flow through the equipment when not in use

Table IV.2 summarizes the overall impact of the addenda in the qualitative analysis. Overall, the sum of the major positive and minor positive addenda (i.e., 52 addenda) greatly overwhelms the number of minor negative addenda (i.e., five addenda), leading to the qualitative conclusion that the overall impact of the addenda on the Standard is positive.

Table IV.2—Overall Summary of Addenda Impact in Qualitative Analysis Back to Top

Major negative

Minor negative

Neutral

Minor positive

Major positive

Total

None

5

53

44

8

110

Quantitative Analysis

The quantitative analysis of Standard 90.1-2013 was carried out using whole-building energy simulations of buildings designed to meet the requirements of Standard 90.1-2010 and Standard 90.1-2013. DOE simulated 16 representative building types across 15 U.S. climate locations, with locations selected to be representative of all U.S climate zones, as defined by Standard 90.1-2010 and Standard 90.1-2013 (climate zone criteria unchanged between the 2010 and 2013 editions). In addition, energy use intensities (EUIs) by fuel type and by end-use were extracted for each building type, and weighted by the relative square footage of construction (represented by that building type in each of the 15 climate regions) based on the McGraw Hill Construction (MHC) Projects Starts Database.
[7]
The data is commonly used by other Federal agencies, such as the U.S. Census Bureau, the Federal Reserve, and the U.S. Department of Health and Human Services (HHS), to characterize U.S. building construction. In addition, the MHC database identifies multi-family residential buildings that would be covered under the scope of Standard 90.1.

EUIs developed for each representative building type are weighted by total national square footage of each representative building type to estimate the difference between the national energy use in buildings constructed to the 2010 and 2013 editions of Standard 90.1. Note that the buildings types used in the quantitative analysis reflect approximately 80% of the total square footage of commercial construction, including multi-family buildings greater than three stories that are covered within the scope of ASHRAE Standard 90.1.

The preliminary quantitative analysis of buildings designed to meet the requirements of Standard 90.1-2013 indicates national primary energy savings of approximately 8.5 percent of commercial building energy consumption (in comparison to Standard 90.1-2010). Site energy savings over Standard 90.1-2010 are estimated to be approximately 7.6 percent. Using national average fuel prices for electricity and natural gas, DOE also estimates a reduction in energy expenditures of 8.7 percent compared to Standard 90.1-2010.

Table IV.3 and Table IV.4 show the energy use and associated savings resulting from Standard 90.1-2013 by building type and on an aggregated national basis. Further details on the quantitative analysis can be found in the full technical support document (TSD)
[8]
available at http://www.energycodes.gov/regulations/determinations.

Table IV.3—Estimated Energy Use Intensity by Building Type Back to Top

Building type

Prototype

Floor area (percent)

Whole building EUI

Site EUI (kBtu/ft2-yr)

Source EUI (kBtu/ft2-yr)

ECI ($/ft2-yr)

[Standard 90.1-2010]

Office

Small Office Medium Office
Large Office

5.61 6.05
3.33

33.0 36.8
71.9

100.4 105.9
210.7

$0.99 1.03
2.06

Retail

Stand-Alone Retail Strip Mall

15.25 5.67

53.4 60.4

142.9 164.1

1.38 1.58

Education

Primary School Secondary School

4.99 10.36

59.0 47.7

151.1 130.3

1.44 1.26

Healthcare

Outpatient Health Care Hospital

4.37 3.45

120.0 131.0

324.3 321.1

3.13 3.04

Lodging

Small Hotel Large Hotel

1.72 4.95

63.6 96.7

148.8 217.7

1.40 2.03

Warehouse

Non-Refrigerated Warehouse

16.72

18.2

43.2

0.41

Food Service

Fast-Food Restaurant Sit-Down Restaurant

0.59 0.66

591.5 383.9

1051.7 742.7

9.27 6.69

Apartment

Mid-Rise Apartment High-Rise Apartment

7.32 8.97

46.3 50.4

131.4 124.9

1.28 1.19

National

100

58.5

148.9

1.42

Table IV.4—Estimated Energy Use Intensity by Building Type Back to Top

Building type

Prototype

Floor area (percent)

Whole building EUI

Site EUI (kBtu/ft2-yr)

Source EUI (kBtu/ft2-yr)

ECI ($/ft2-yr)

[Standard 90.1-2013]

Office

Small Office Medium Office
Large Office

5.61 6.05
3.33

29.4 34.1
70.8

89.3 97.9
205.8

$0.88 0.95
2.01

Retail

Stand-Alone Retail Strip Mall

15.25 5.67

45.9 55.1

124.6 147.3

1.20 1.42

Education

Primary School Secondary School

4.99 10.36

54.2 41.7

134.4 111.9

1.28 1.08

Healthcare

Outpatient Health Care Hospital

4.37 3.45

115.8 123.7

311.8 300.7

3.00 2.85

Lodging

Small Hotel Large Hotel

1.72 4.95

60.0 89.0

137.6 195.4

1.29 1.81

Warehouse

Non-Refrigerated Warehouse

16.72

17.1

40.6

0.38

Food Service

Fast-Food Restaurant Sit-Down Restaurant

0.59 0.66

576.4 372.5

1001.9 713.5

8.78 6.41

Apartment

Mid-Rise Apartment High-Rise Apartment

7.32 8.97

43.9 46.9

124.8 114.4

1.21 1.08

National

100

54.1

136.2

1.30

Table IV.5 presents the estimated energy savings (based on percent change in EUI) associated with Standard 90.1-2013. Overall, the updated Standard is expected to increase the energy efficiency of commercial buildings, as represented in Table IV.5.

Review and evaluation of the 2010 and 2013 editions of Standard 90.1 indicate that there are significant differences between the two editions. Qualitative analysis of the updated Standard reveals that a majority of the addenda are anticipated to result in significant energy savings. In addition, quantitative analysis of the Standard indicates source and site energy savings of 8.5 percent and 7.6 percent, respectively. DOE has rendered the preliminary conclusion that Standard 90.1-2013 will improve energy efficiency in commercial buildings, and, therefore, should receive an affirmative determination under Section 304(b) of ECPA.

If today's determination is finalized, each State would be required to review and update, as necessary, the provisions of its commercial building energy code to meet or exceed the provisions of the 2013 edition of Standard 90.1. (42 U.S.C. 6833(b)(2)(B)(i)) This action would be required not later than 2 years from the date of the final determination notice, unless an extension is provided.

State Review and Update

DOE recognizes that some States do not have a State commercial building energy code, or have a State code that does not apply to all commercial buildings. If local building energy codes regulate commercial building design and construction (rather than a State code), the State must review and make all reasonable efforts to update, as authorized, those local codes to determine whether they meet or exceed the 2013 edition of Standard 90.1. States may base their certifications on reasonable actions by units of general-purpose local government. Each such State must review the information obtained from the local governments, and gather any additional data and testimony in preparing its own certification.

The applicability of any State revisions to new or existing buildings would be governed by the State building codes. States should be aware that the DOE considers high-rise (greater than three stories) multi-family residential buildings as commercial buildings forenergy code purposes, as is consistent with the scope of Standard 90.1. Consequently, commercial buildings, for the purposes of certification, would include high-rise multi-family residential buildings, hotels, motels, and other transient residential building types of any height.

State Certification Statements

Section 304(b) of ECPA, as amended, requires each State to certify to the Secretary of Energy that it has reviewed and updated the provisions of its commercial building energy code regarding energy efficiency to meet or exceed the Standard 90.1-2013. (42 U.S.C. 6833(b)) The certification must include a demonstration that the provisions of the State's commercial building energy code regarding energy efficiency meets or exceeds Standard 90.1-2013. If a State intends to certify that its commercial building energy code already meets or exceeds the requirements of Standard 90.1-2013, the State should provide an explanation of the basis for this certification (e.g., Standard 90.1-2013 is incorporated by reference in the State's building code regulations). The chief executive of the State (e.g., the governor), or a designated State official (e.g., director of the State energy office, State code commission, utility commission, or equivalent State agency having primary responsibility for commercial building energy codes), would provide the certification to the Secretary. Such a designated State official would also provide the certifications regarding the codes of units of general purpose local government based on information provided by responsible local officials.

The DOE Building Energy Codes Program tracks and reports State code adoption and certifications.
[9]
Once a State has adopted a new commercial code, DOE typically provides software, training, and support for the new code as long as the new code is based on the national model code (i.e., ASHRAE Standard 90.1-2013). DOE recognizes that some States develop their own codes that are only loosely related to the national model codes, and DOE does not typically provide technical support for those codes. However, DOE does provide incentive funding (e.g., grants) to these States through the State Energy Program. DOE does not prescribe how each State adopts and enforces its energy codes.

Requests for Extensions

Section 304(c) of ECPA requires that the Secretary permit an extension of the deadline for complying with the certification requirements described above, if a State can demonstrate that it has made a good faith effort to comply with such requirements and that it has made significant progress toward meeting its certification obligations. (42 U.S.C. 6833(c)) Such demonstrations could include one or both of the following: (1) A plan for response to the requirements stated in Section 304; or (2) a statement that the State has appropriated or requested funds (within State funding procedures) to implement a plan that would respond to the requirements of Section 304 of ECPA. This list is not exhaustive. Requests are to be sent to the address provided in the ADDRESSES section above, or may be submitted to BuildingEnergyCodes@ee.doe.gov.

Review Under Executive Orders 12866 and 13563

Today's action is not a significant regulatory action under Section 3(f) of Executive Order 12866, “Regulatory Planning and Review” (58 FR 51735). Accordingly, today's action was not reviewed by the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB). DOE has also reviewed this regulation pursuant to Executive Order 13563, issued on January 18, 2011. (76 FR 3281). Executive Order 13563 is supplemental to and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866.

Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601et seq.) requires the preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking” (67 FR 53461), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. (68 FR 7990) DOE has also made its procedures and policies available on the Office of General Counsel Web site.
[10]

DOE has reviewed today's preliminary determination under the provisions of the Regulatory Flexibility Act and the procedures and policies published in February 2003. Once DOE finalizes this preliminary determination of improved energy efficiency, it would require States to undertake an analysis of their respective building codes. As such, the only entities directly regulated by this preliminary determination would be States. DOE does not believe that there will be any direct impacts on small entities, such as small businesses, small organizations, or small governmental jurisdictions.

Based on the foregoing, DOE certifies that this preliminary determination would not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared a regulatory flexibility analysis for this preliminary determination. DOE's certification and supporting statement of factual basis will be provided to the Chief Counsel for Advocacy of the Small Business Administration pursuant to 5 U.S.C. 605(b).

Review Under the National Environmental Policy Act of 1969

Today's action is covered under the Categorical Exclusion found in DOE's National Environmental Policy Act regulations at paragraph A.6 of appendix A to subpart D, 10 CFR part 1021. That Categorical Exclusion applies to actions that are strictly procedural, such as rulemaking establishing the administration of grants. Today's action is required by Title III of ECPA, as amended, which provides that whenever the Standard 90.1-1989, or any successor to that code, is revised, the Secretary must make a determination, not later than 12 months after such revision, whether the revised code would improve energy efficiency in commercial buildings and must publish notice of such determination in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) If the Secretary determines that the revision of Standard 90.1-1989, or any successor thereof, improves the level of energy efficiency in commercial buildings, then no later than 2 years after the date of the publication of such affirmative determination, each State is required to certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised orsuccessor code. (42 U.S.C. 6833(b)(2)(B)(i)) If the Secretary makes a determination that the revised Standard will not improve energy efficiency in commercial buildings, then State commercial codes shall meet or exceed the last revised Standard for which the Secretary has made a positive determination. (42 U.S.C. 6833(b)(2)(B)(ii)) Therefore, DOE has preliminarily determined that the Secretary's determination is not a major Federal action that would have direct environmental impacts. Accordingly, DOE has not prepared an environmental assessment or an environmental impact statement.

Executive Order 13132 (64 FR 43255) imposes certain requirements on agencies formulating and implementing policies or regulations that pre-empt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has reviewed the statutory authority, and Congress found that:

(1) Large amounts of fuel and energy are consumed unnecessarily each year in heating, cooling, ventilating, and providing domestic hot water for newly constructed residential and commercial buildings because such buildings lack adequate energy conservation features;

(2) Federal voluntary performance standards for newly constructed buildings can prevent such waste of energy, which the Nation can no longer afford in view of its current and anticipated energy shortage;

(3) The failure to provide adequate energy conservation measures in newly constructed buildings increases long-term operating costs that may affect adversely the repayment of, and security for, loans made, insured, or guaranteed by Federal agencies or made by federally insured or regulated instrumentalities; and

(4) State and local building codes or similar controls can provide an existing means by which to ensure, in coordination with other building requirements and with a minimum of Federal interference in State and local transactions, that newly constructed buildings contain adequate energy conservation features. (42 U.S.C. 6831)

Pursuant to Section 304(b) of ECPA, DOE is statutorily required to determine whether the most recent edition of Standard 90.1 would improve the level of energy efficiency in commercial buildings as compared to the previous edition. If DOE makes a positive determination, the statute requires each State to certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised or successor codes. (42 U.S.C. 6833(b)(2)(B)(i))

Executive Order 13132 requires meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications unless funds necessary to pay the direct costs incurred by the State and local governments in complying with the regulation are provided by the Federal Government. (62 FR 43257) Pursuant to Section 304(e) of ECPA, the DOE Secretary is required to provide incentive funding to States to implement the requirements of section 304, and to improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with such codes. In determining whether, and in what amount, to provide incentive funding, the Secretary must consider the actions proposed by the State to implement the requirements of this section, to improve and implement residential and commercial building energy efficiency codes, and to promote building energy efficiency through the use of such codes. (See42 U.S.C. 6833(e)) Therefore, consultation with States and local officials regarding this preliminary determination was not required.

However, DOE notes that State and local governments were invited to participate in the development Standard 90.1-2013. The ASHRAE Standard is developed in a national, ANSI-approved consensus process open to the public, and in which State and local governments may participate, along with the general public. The updated Standard is the product of a series of amendments to the prior edition of the Standard, with each addendum made available for public review with any interested party having the ability to submit comments. Comments on the addendum are received, reviewed, and resolved through an established process commonly utilized in generating industry consensus standards. Members of the Standard 90.1 project committee have included representatives of State and local governments. DOE believes that this process has given State and local jurisdictions extensive opportunity to comment and express any concerns on Standard 90.1-2013, the subject of this preliminary determination.

On issuance of a final determination that Standard 90.1-2013 would improve the energy efficiency of commercial buildings, ECPA requires each State to certify to the Secretary that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency to meet or exceed the requirements of Standard 90.1-2013. DOE notes that ECPA sets forth this requirement for States. (42 U.S.C. 6833(b)(2)(B)(i)) States are given broad freedom to either adopt Standard 90.1-2013 or develop their own code that meets or exceeds Standard 90.1-2013.

Review Under Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally requires Federal agencies to examine closely the impacts of regulatory actions on State, local, and tribal governments. Subsection 101(5) of Title I of that law defines a Federal intergovernmental mandate to include any regulation that would impose upon State, local, or tribal governments an enforceable duty, except a condition of Federal assistance or a duty arising from participating in a voluntary Federal program. Title II of that law requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and tribal governments, in the aggregate, or to the private sector, other than to the extent such actions merely incorporate requirements specifically set forth in a statute. Section 202 of that title requires a Federal agency to perform an assessment of the anticipated costs and benefits of any rule that includes a Federal mandate that may result in costs to State, local, or tribal governments, or to the private sector, of $100 million or more. Section 204 of that title requires each agency that proposes a rule containing a significant Federal intergovernmental mandate to develop an effective process for obtaining meaningful and timely input from elected officers of State, local, and tribal governments.

Consistent with previous determinations, DOE has completed its review, and concluded that impacts on state, local and tribal governments are less than the $100 million threshold specified in the Unfunded Mandates Act. Accordingly, no further action is required under the Unfunded Mandates Reform Act of 1995. Documentation supporting this review is contained in Appendix D of the full Quantitative Analysis technical support document (TSD)
[11]
available at http://www.energycodes.gov/regulations/determinations.

Review Under the Treasury and General Government Appropriations Act of 1999

Section 654 of the Treasury and General Government Appropriations Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. Today's action would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.

Review Under the Treasury and General Government Appropriations Act of 2001

Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by the Office of Management and Budget (OMB). Both OMB and DOE have published established relevant guidelines (67 FR 8452 and 67 FR 62446, respectively). DOE has reviewed today's action under the OMB and DOE guidelines, and has concluded that it is consistent with applicable policies in those guidelines.

Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” (66 FR 28355), requires Federal agencies to prepare and submit to the OMB a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of the OMB Office of Information and Regulatory Affairs (OIRA) as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use, should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's action would not have a significant adverse effect on the supply, distribution, or use of energy and is therefore not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects.

Executive Order 13175, “Consultation and Coordination with Indian tribal Governments” (65 FR 67249), requires DOE to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” “Policies that have tribal implications” refers to regulations that have “substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.” Today's action is not a policy that has “tribal implications” under Executive Order 13175. DOE has reviewed today's action under Executive Order 13175 and has determined that it is consistent with applicable policies of that Executive Order.

DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this preliminary determination. Interested parties may submit comments, data, and other information using any of the methods described in the ADDRESSES section at the beginning of this notice.

Submitting Comments via the Regulations.gov Web site

The Regulations.gov Web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.

However, your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.

Do not submit to Regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through Regulations.gov cannot be claimed as CBI. Comments received through the Web site will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section below.

DOE processes submissions made through Regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that Regulations.gov provides after you have successfully uploaded your comment.

Submitting Comments via Email, Hand Delivery/Courier, or Mail

Comments and documents submitted via email, hand delivery, or mail also will be posted to Regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments.

Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery/courier, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted.

Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, that are written in English, and that are free of any defects or viruses. Documents should not contain special characters or any form of encryptionand, if possible, they should carry the electronic signature of the author.

Campaign Form Letters

Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time.

Confidential Business Information

According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery/courier two well-marked copies: One copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination.

Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest.

It is DOE's policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure).

Notification of Special Requests

In preparation for future technical assistance activities, DOE is interested in public comments and additional information regarding the costs and benefits associated with the adoption and use of Standard 90.1, as a whole, and appropriate methodologies for assessing costs, benefits and cost-effectiveness. As discussed in the Methodology section of this document, DOE is directed to provide technical assistance to States to support implementation of State residential and commercial building energy efficiency codes. (42 U.S.C. 6833(d)) As part of its technical assistance role, DOE previously established a methodology by which it evaluates the cost effectiveness of energy codes (78 FR 47677). In the coming months, DOE intends to publish a request for information (RFI) to update this methodology, and to ensure DOE activities continue to remain in alignment with the national model code development processes. In particular, DOE will be interested in public comments identifying available and adequate sources of data to support national and State-level cost analysis, such as localized cost data and construction practices. DOE expects to use such input in updating its own cost-effectiveness methodology, and in applying this methodology through technical assistance functions, including the evaluation of published model energy codes, as well as proposed changes.